July 5, 2023

Originating Process – Actions vs Applications

July 5, 2023 at 12:00PM (ET) on ZOOM
This Lunch and Learn seminar will discuss the procedural differences between actions and applications.

Originating Process – Actions vs Applications

July 5, 2023
at 12:00PM (ET) on ZOOM
This program is eligible for CPD hours required of Lawyers.
This program is eligible for CPD hours required of Lawyers.
Originating Process – Actions vs Applications

Overview

This Lunch and Learn seminar will discuss the procedural differences between actions and applications. Because most proceedings in estate litigation are commenced by way of application, understanding their unique features and strategic benefits is crucial for all lawyers looking to practice estate law and litigation. At times, applications may be converted into actions, or some of the main issues in the Will challenge that cannot be dealt with by way of application may be tried in the same manner as an action.

Topics include:

  • Ways to commence a civil matter in Ontario courts:
    1. by an action, or
    2. by an application.
  • What is the difference procedurally
  • Unlike most civil litigation, which starts with the issuance of a statement of
    claim, estate litigation is usually commenced by way of a notice of application.
  • Strategic benefits from starting with application

 

Discussion Materials

Main Paper

Session Recording

In the Media

This article was published by Law360 Canada, part of Lexis Nexis Canada Inc. on June 30, 2023.

Presenters

Partner, Wagner Sidlofsky LLP

Hershel Sahian

Partner, Donovan Kochman LLP

Brendan Donovan

Gold Sponsors

b'nai brith canada
Wagner Sidlofsky LLP
Toronto Dominion Bank

Silver Sponsors

Bank of Montreal - Trust and Estate Services
Gold Sponsors
b'nai brith canada
Wagner Sidlofsky LLP
Toronto Dominion Bank
Silver Sponsors
Bank of Montreal - Trust and Estate Services
Hershel Sahian

Hershel Sahian

Past Partner, Wagner Sidlofsky LLP

Hershel is a leading Ontario practitioner in the areas of Professional Liability, Product Liability and Commercial Insurance. He assertively pursues his clients’ interests. He has been described as “… skilled in the tactical use of procedural steps and proactive in his advice to his client.”

Brendan Donovan

Brendan Donovan

Partner, Donovan Kochman LLP

Brendan’s practice focuses on litigious estate, trust, and capacity matters, including will challenges, dependant’s support claims, guardianship proceedings, and disputes involving powers of attorney. Brendan began his legal career at a full-service national law firm on Bay Street. He branched out in 2011 to begin work in estates and commercial litigation at a well-known boutique in Toronto. Brendan co-founded Donovan Kochman LLP with Noah Kochman in 2018. He is a frequent guest speaker and author for continuing professional development seminars.